I faced sexual harassment at my workplace in Bareilly — how do I file a complaint?

Detailed Legal Analysis

To file a complaint regarding sexual harassment at your workplace in Bareilly, you should follow the procedures established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The Act aims to protect women from sexual harassment at their workplace and provides a structured grievance redressal mechanism. Here’s how you can proceed:

• Understand the Definition: Familiarize yourself with what constitutes sexual harassment under Section 2(n) of the Act, which includes unwelcome acts or behavior of a sexual nature.
• Internal Complaints Committee (ICC):
  • Identify if your workplace has an Internal Complaints Committee. It is mandatory for organizations with more than 10 employees to establish an ICC.
  • The ICC must consist of a presiding officer (a woman), two other members from the workplace, and one external member who is experienced in social work or has legal knowledge.
• Filing the Complaint:
  • Draft a written complaint detailing the incident(s) of harassment, including dates, times, locations, and any witnesses.
  • Submit the complaint within three months of the incident occurring, as per the provisions of Section 9(1) of the Act.
• Investigation Process:
  • Upon receiving the complaint, the ICC is required to conduct an inquiry within 90 days, as per Section 11 of the Act.
  • Your confidentiality should be maintained throughout the process.
• Possible Outcomes:
  • Post-investigation, the ICC will provide its findings and recommendations. If the complaint is substantiated, disciplinary action can be taken against the accused.
  • Outcomes can include warnings, suspension, or even termination, depending on the severity of the harassment.
• Alternative Legal Recourse:
  • If you are dissatisfied with the ICC’s findings or if the workplace does not have an ICC, you can approach the local police to file a First Information Report (FIR) under Section 354A of the Indian Penal Code.
  • You may also seek legal aid or consult a lawyer specializing in labor law or women's rights to explore further options.

It is crucial to act swiftly and document everything related to the harassment for effective resolution of your complaint.